Decision 1834E – Kern High Faculty Association, CTA/NEA (Maaskant)

LA-CO-1168-E

Decision Date: April 10, 2006

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 107

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

For the purposes of establishing a violation of the duty of fair representation, a charging party must show that the union’s conduct was arbitrary, discriminatory, or in bad faith. It is not a violation for a union to withhold information as long as there are notice and an opportunity to be heard before a collective bargaining agreement becomes final. A union violates its duty if it excludes non-members from voting only if the non-members are left completely uninformed about the status of negotiations or if they are not provided an opportunity to express their viewpoints. (Fontana Teachers Association (1984) PERB Decision No. 416.) A union may exclude non-members from voting as long as the union provides them with an opportunity to communicate their views. (El Centro Elementary Teachers Association (1982) PERB Decision No. 232.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.03000 – Negotiations

It is not a violation for a union to withhold information as long as there are notice and an opportunity to be heard before a collective bargaining agreement becomes final. A union violates its duty if it excludes non-members from voting only if the non-members are left completely uninformed about the status of negotiations or if they are not provided an opportunity to express their viewpoints. (Fontana Teachers Association (1984) PERB Decision No. 416.) A union may exclude non-members from voting as long as the union provides them with an opportunity to communicate their views. (El Centro Elementary Teachers Association (1982) PERB Decision No. 232.) Fee payer non-member who learned of ratification meeting through a friend cannot claim no notice of the meeting because he wasn’t officially notified.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.01000 – In General

It is not a violation for a union to withhold information as long as there are notice and an opportunity to be heard before a collective bargaining agreement becomes final. A union violates its duty if it excludes non-members from voting only if the non-members are left completely uninformed about the status of negotiations or if they are not provided an opportunity to express their viewpoints. (Fontana Teachers Association (1984) PERB Decision No. 416.) A union may exclude non-members from voting as long as the union provides them with an opportunity to communicate their views. (El Centro Elementary Teachers Association (1982) PERB Decision No. 232.) Fee payer non-member who learned of ratification meeting through a friend cannot claim no notice of the meeting because he wasn’t officially notified.